B-158080, JAN. 12, 1966

B-158080, JAN. 12, 1966

TO MR. GORDON S. IRVIN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 16, 1965, WITH ENCLOSURES, AND YOUR LETTER OF NOVEMBER 4, 1965, REQUESTING RECONSIDERATION OF SETTLEMENT DATED OCTOBER 12, 1965, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS (WIFE AND 4 CHILDREN) FROM MERIDIAN, MISSISSIPPI, TO CHARLESTON, SOUTH CAROLINA, DURING THE PERIOD JULY 25 TO 26, 1964, AND FOR PAYMENT OF DISLOCATION ALLOWANCE INCIDENT TO YOUR ORDERS OF APRIL 20, 1964.

BY ORDERS OF APRIL 20, 1964, YOU WERE TRANSFERRED FROM THE U.S.S. JOHN C. CALHOUN (SSBN 630) WHICH HAD HOME YARD AND HOME PORT AT NEWPORT NEWS, VIRGINIA, TO THE U.S.S. PROTEUS (AS 19) WHICH HAD A HOME YARD AND HOME PORT AT CHARLESTON, SOUTH CAROLINA, AND REPORTED ON BOARD ON MAY 12, 1964. ON MAY 19, 1964, YOU SAY YOU SUBMITTED A REQUEST FOR A HUMANITARIAN TRANSFER TO MERIDIAN, MISSISSIPPI. INFORMATION RECEIVED INFORMALLY FROM THE DEPARTMENT OF THE NAVY DISCLOSES THAT BY LETTER DATED JULY 20, 1964, THE CHIEF OF NAVAL OPERATIONS ANNOUNCED THAT THE HOME YARD AND HOME PORT OF THE PROTEUS WOULD BE CHANGED TO MARE ISLAND, CALIFORNIA, AND GUAM, RESPECTIVELY, EFFECTIVE DECEMBER 1, 1964. ON JULY 25, 1964, YOUR DEPENDENTS TRAVELED FROM MERIDIAN, MISSISSIPPI, TO CHARLESTON, SOUTH CAROLINA, WHERE THEY REMAINED UNTIL AUGUST 3, 1964, WHEN THEY RETURNED TO MERIDIAN, MISSISSIPPI, INCIDENT TO YOUR HUMANITARIAN TRANSFER TO THAT PLACE UNDER ORDERS OF AUGUST 3, 1964.

YOU WERE PAID THE SUM OF $25.20 FOR TRANSPORTATION OF YOUR DEPENDENTS AND A DISLOCATION ALLOWANCE IN THE SUM OF $110.10 INCIDENT TO THEIR TRAVEL FROM MERIDIAN TO CHARLESTON UNDER THE ORDERS OF APRIL 20, 1964. SUBSEQUENTLY THIS PAYMENT WAS ADMINISTRATIVELY DETERMINED TO BE ERRONEOUS AND THE SUM OF $135.30 WAS COLLECTED FROM YOU BY ADJUSTMENT IN YOUR PAY RECORD. THE ADMINISTRATIVE ACTION WAS BASED ON THE FACT THAT THE TRAVEL TO CHARLESTON WAS NOT FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE AT THAT PLACE AS REQUIRED BY THE REGULATIONS.

BY SETTLEMENT DATED OCTOBER 12, 1965, THE CLAIM FOR REIMBURSEMENT OF DEPENDENT TRAVEL FROM MERIDIAN TO CHARLESTON AND DISLOCATION ALLOWANCE WAS DISALLOWED FOR THE REASON THAT YOUR DEPENDENTS PERFORMED THE TRAVEL FROM MERIDIAN WHICH WAS A PLACE OTHER THAN THE OLD PERMANENT STATION (NEWPORT NEWS, VIRGINIA) TO CHARLESTON, SOUTH CAROLINA, WHICH WAS A PLACE OTHER THAN THE NEW PERMANENT DUTY STATION (MARE ISLAND OR GUAM) AND PARAGRAPH M7059 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT IN SUCH SITUATION TRANSPORTATION OF DEPENDENTS MUST BE APPROVED BY THE SECRETARY CONCERNED OR HIS DESIGNATED REPRESENTATIVE.

IN YOUR PRESENT LETTER YOU INDICATE THAT YOUR DEPENDENTS TRAVELED TO CHARLESTON AFTER THE NAVY ANNOUNCED A CHANGE IN THE HOME YARD AND HOME PORT OF THE PROTEUS, AND YOU SAY YOU WERE LED TO BELIEVE THAT PERSONNEL WITH LESS THAN 1 YEAR'S SERVICE REMAINING IN THEIR CURRENT ENLISTMENT WOULD REMAIN IN CHARLESTON WHEN THE SHIP WENT TO GUAM. THEREFORE, IT APPEARS THAT YOU BELIEVE THAT CHARLESTON IN EFFECT, CONTINUED TO BE YOUR DUTY STATION FOR DEPENDENT TRAVEL PURPOSES AND THAT PARAGRAPH M7059 OF THE JOINT TRAVEL REGULATIONS IS NOT FOR APPLICATION IN YOUR SITUATION.

UNDER THE PROVISIONS OF 37 U.S.C. 406 AND 407 AUTHORITY IS PROVIDED, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, FOR THE TRANSPORTATION OF A MEMBER'S DEPENDENTS AND HOUSEHOLD GOODS AND FOR THE PAYMENT OF A DISLOCATION ALLOWANCE INCIDENT TO A DIRECTED PERMANENT CHANGE OF STATION. SECTION 411 (D) OF TITLE 37 PROVIDES IN PERTINENT PART THAT THE SECRETARY CONCERNED SHALL DEFINE THE WORDS "PERMANENT STATION," WHICH DEFINITION SHALL INCLUDE A SHORE STATION OR THE HOME YARD OR HOME PORT OF A VESSEL TO WHICH A MEMBER OF THE UNIFORMED SERVICES MAY BE ORDERED, AND THAT AN AUTHORIZED CHANGE IN THE HOME YARD OR HOME PORT OF SUCH A VESSEL IS A CHANGE OF PERMANENT STATION. PARAGRAPH M7063 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT UPON TRANSFER BETWEEN VESSELS A MEMBER IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FROM THE OLD HOME YARD OR OLD HOME PORT TO THE NEW HOME YARD OR HOME PORT.

PARAGRAPH 7052 OF NAVY TRAVEL INSTRUCTIONS PROVIDES THAT WHEN DEPENDENTS ARE TRAVELING UNDER PERMANENT CHANGE-OF-STATION ORDERS AND THE MEMBER RECEIVES A MODIFICATION, CANCELLATION, OR REVOCATION THEREOF PRIOR TO COMPLETION OF DEPENDENTS' TRAVEL, IT IS THE MEMBER'S RESPONSIBILITY TO NOTIFY HIS DEPENDENTS AS PROMPTLY AS POSSIBLE OF THE CHANGE. THUS, THE OFFICIAL ANNOUNCEMENT OF THE CHANGE IN THE HOME YARD AND HOME PORT OF THE PROTEUS FROM CHARLESTON TO MARE ISLAND AND GUAM WHICH WAS MADE BEFORE YOUR DEPENDENTS COMMENCED TRAVEL TO CHARLESTON PLACED YOU ON NOTICE THAT YOU SHOULD NOT BRING YOUR DEPENDENTS TO CHARLESTON FOR THE REASON THAT IT WOULD NO LONGER BE THE HOME PORT OF YOUR SHIP WHERE YOU WOULD BE ABLE TO RESIDE WITH YOUR DEPENDENTS WHEN YOUR SHIP WAS NOT OPERATING AT SEA. IS WELL SETTLED THAT THE PURPOSE OF THE LAW AND REGULATIONS AUTHORIZING TRANSPORTATION OF DEPENDENTS AND DISLOCATION ALLOWANCE INCIDENT TO AN ORDERED CHANGE OF STATION IS TO PERMIT THE DEPENDENTS TO RESIDE WITH THE MEMBER AT HIS NEW STATION. SEE 33 COMP. GEN. 431 AND 36 COMP. GEN. 366. UNDER THESE CIRCUMSTANCES, CHARLESTON COULD NO LONGER BE CONSIDERED YOUR PERMANENT DUTY STATION FOR THE PURPOSE OF COMPUTING THE TRAVEL ALLOWANCES AUTHORIZED FOR TRANSPORTATION OF YOUR DEPENDENTS. CONSEQUENTLY YOUR DEPENDENTS' TRAVEL MUST BE CONSIDERED AS HAVING BEEN PERFORMED FROM A LOCATION OTHER THAN THE OLD PERMANENT DUTY STATION TO A LOCATION OTHER THAN THE NEW PERMANENT DUTY STATION. WITH RESPECT TO THIS, PARAGRAPHS M7059 AND M9003-6 OF THE JOINT TRAVEL REGULATIONS PROVIDE THAT REIMBURSEMENT FOR DEPENDENT TRAVEL AND DISLOCATION ALLOWANCES WILL NOT BE PAYABLE FOR DEPENDENT TRAVEL PERFORMED FROM A LOCATION OTHER THAN THE OLD PERMANENT DUTY STATION TO A LOCATION OTHER THAN THE NEW PERMANENT STATION UNLESS THE PAYMENT OF TRAVEL ALLOWANCES OR THE FURNISHING OF TRANSPORTATION FOR DEPENDENTS IS AUTHORIZED BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE.

THEREFORE, IN THE ABSENCE OF A PROPER AUTHORIZATION FOR THE TRANSPORTATION OF YOUR FAMILY FROM MERIDIAN TO CHARLESTON AS REQUIRED BY THE REGULATIONS, PAYMENT OF AN ALLOWANCE FOR SUCH TRAVEL OR FOR DISLOCATION ALLOWANCE INCIDENT THERETO IS NOT AUTHORIZED. ACCORDINGLY, ON THE RECORD BEFORE US, THE SETTLEMENT OF OCTOBER 12, 1965, IS SUSTAINED.

CONCERNING YOUR STATEMENT THAT YOU WOULD HAVE BEEN RETAINED AT CHARLESTON, WHEN THE PROTEUS' HOME PORT WAS CHANGED, CURRENT REGULATIONS DO NOT PROVIDE FOR TRANSFER OF MEMBERS WITH 1 YEAR SERVICE REMAINING IN THEIR CURRENT ENLISTMENT UPON DEPLOYMENT OF VESSEL OVERSEAS. FURTHER THERE IS NO SHOWING IN THE RECORD THAT YOU WERE ISSUED ORDERS DETACHING YOU FROM THE PROTEUS FOR REASSIGNMENT TO SHORE DUTY AT CHARLESTON. ON THE CONTRARY, THE RECORD SHOWS THAT YOU WERE ATTACHED TO THE PROTEUS WHEN YOU WERE TRANSFERRED TO MERIDIAN FOR HUMANITARIAN SHORE DUTY.

WITH RESPECT TO YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION OF YOUR CHILDREN AND STEP-CHILDREN FROM MERIDIAN TO HONOLULU AND RETURN IN 1962, SINCE THIS CLAIM WAS NOT PREVIOUSLY CONSIDERED BY OUR OFFICE, IT HAS BEEN FORWARDED TO OUR CLAIMS DIVISION FOR DEVELOPMENT AND CONSIDERATION. SETTLEMENT ON THE MATTER WILL ISSUE AS SOON AS CIRCUMSTANCES PERMIT, AT WHICH TIME YOUR ORIGINAL ORDERS WILL BE RETURNED TO YOU.